However, sometimes insurance companies act in bad faith and deny, delay, or underpay your claim without a valid reason. This can cause you to suffer emotional distress, such as anxiety, depression, anger, or fear. But can I sue my insurance company for emotional distress?
The answer is that it depends. In this blog post, we will explain the legal requirements and standards for suing your insurance company for emotional distress and how an experienced attorney can help you with your case.
If you have ever dealt with an insurance company, you know how frustrating and stressful it can be. Whether you are filing a claim for a car accident, a medical procedure, property damage, or any other covered event, you expect your insurance company to act in good faith and honor your policy.
What is emotional distress?
Emotional distress is a type of damage that you can seek in a lawsuit. It refers to the mental or emotional suffering that you experience as a result of someone else’s wrongful conduct.
Emotional distress can manifest in various ways, such as:
- Insomnia
- Loss of appetite
- Mood swings
- Nightmares
- Panic attacks
- Post-traumatic stress disorder (PTSD)
- Reduced quality of life
- Suicidal thoughts
Emotional distress can affect your physical health, your relationships, your work performance, and your overall well-being. It is therefore important to seek legal compensation for your emotional distress if you have been harmed by someone else’s negligence or intentional actions.
When Can You Sue Your Insurance Company for Emotional Distress?
To sue your insurance company for emotional distress, you need to prove that:
- You had a valid insurance policy and a covered claim
- The insurance company breached its duty of good faith and fair dealing by acting unreasonably or dishonestly in handling your claim
- The insurance company’s conduct was outrageous, intentional, or reckless, and caused you severe emotional distress
- You suffered actual damages due to emotional distress, such as medical bills, lost wages, or pain and suffering.
The requirements and standards for suing your insurance company for emotional distress vary by state and type of insurance involved.
For example, some states allow you to sue your insurance company for emotional distress under a tort claim, while others only allow you to sue under a contract claim.
Some states require you to show that the insurance company acted with malice, fraud, or oppression, while others only require you to show that the insurance company acted unreasonably.
Other states allow you to recover punitive damages, which are meant to punish the insurance company and deter future misconduct, while others do not.
Therefore, if you think you have a case for suing your insurance company for emotional distress, you should consult with an experienced attorney who can advise you on the specific laws and procedures in your state.
How Can an Attorney Help You Sue Your Insurance Company for Emotional Distress?
Suing your insurance company for emotional distress is not easy, but it may be worth it if you have suffered significant harm due to the insurance company’s bad faith. An attorney can help you with your case by:
- Reviewing your insurance policy and your claim history
- Gathering evidence to support your claim, such as medical records, witness statements, expert opinions, and correspondence with the insurance company
- Negotiating with the insurance company to seek a fair settlement
- Filing a lawsuit and representing you in court if the insurance company refuses to settle or offers an inadequate amount
- Seeking the maximum compensation for your emotional distress and other damages.
An attorney can also protect your rights and interests and guide you through the legal process with confidence and professionalism. If you have suffered emotional distress due to your insurance company’s bad faith, you may be able to sue them for compensation.
However, you need to meet certain legal requirements and standards, which vary by state and by the type of insurance. Therefore, it is advisable to hire an attorney who can help you with your case and ensure that you receive the justice and compensation that you deserve.